LEGAL APPROVAL
Q)
.CITY of
BOYNTON BEACH
120 N.E. 2nd AVENUE
P.O. BOX 310
BOYNTON BEACH, FLORIDA 33435-0310
(305) 734-8111
OFFICE OF THE PLANNING DIRECTOR
7 November 1983
Mr. David B. Mankuta
4651 Sheridan Street, Suite 465
Hollywood, FL 33021
Dear Mr. Mankuta:
On Tuesday, November 1, 1983 the City Council approved Resolution
No. 83-HHHH which abandons, in part, the public right-of-way quit
claimed to the public in Deed Book 947, pages 25 and 26 (see
attached Resolution). This approval completes City action on
your request; however, keep in mind that this abandonment is
predicated on granting a utility easement over the north ten
feet of this abandoned right-of-way. Also, it is our understanding
that this abandoned right-of-way will be portioned-off to the
adjoining residential lots. This office will be awaiting evidence
of these two conditions.
If you have any questions concerning this matter, please do not
~esitate to contact me.
Yours very truly,
CITY OF BOYNTON BEACH
c~v~
Carmen S. Annunziato
Director of Planning
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Enclosure
cc: City Manager
Central File
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RESOLUTION NO. 83-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BOYNTON BEACH, FLORIDA, VACATING
AND ABANDONING A DEDICATED RIGHT-OF-WAY
AND RESERVING UTILITY EASEMENTS THEREIN
IN SAID RIGHT-OF-WAY IN THE PROPERTY
HEREINAFTER DESCRIBED BELOW; AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A
DISCLAIMER FOR SAID RIGHT-OF-WAY;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
WHEREAS, the Boynton Development Corporation as owner
of certain property located within the City of Boynton Beach,
Florida, more commonly known as Cedar Ridge Estates Planned
Unit Development, has requested the abandonment of the herein-
after described right-of-way, and
WHEREAS, comments have been solicited from the
appropriate City Departments, and
WHEREAS, public hearings have been held before the
City's Planning and Zoning Board and City Council on the
proposed abandonment, and
WHEREAS, based on the foregoing information that the
said right-of-way no longer serves any useful purpose.
NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1: The City of Boynton Beach, by and through
its City Council, does hereby vacate and abandon for right-of-
way for streets and roads purposes only, and expressly reserving
the rights enumerated in Section 2 below concerning a piece of
property located in the City of Boynton Beach, to-wit:
The north 15 feet of the north 2/3
of the southwest 1/4 of the northwest
1/4 of the southwest 1/4 of Section 9,
Township 45 south, Range 43 east, in
Palm Beach County, Florida, as granted
to the public by quit-claim deed dated
June 4, 1951 as filed June 5, 1951 in
Deed Book 947, page 25 and 26 of the
public records of Palm Beach County,
Florida.
Section 2: The City hereby reserves all public
utility easements in the above mentioned property, lying over,
under, and through the north ten (10) feet of the above describe
property.
Section 3: The Mayor and City Clerk are hereby
authorized and directed to execute and deliver the attached
Disclaimer and cause the same to be filed in the Public Records
of Palm Beach County, Florida.
Section 4: This Resolution shall take effect
immediately upon passage.
PASSED AND ADOPTED this
, 1983.
day of
CITY OF BOYNTON BEACH, FLORIDA
MAYOR
VICE MAYOR
COUNCIL MEMBER
COUNCIL MEMBER
COUNCIL MEMBER
ATTEST:
CITY CLERK
(Seal)
DISCLAIMER
KNOW ALL MEN BY THESE PRESENTS that the City of
Boynton Beach, Florida, a municipal corporation under the laws
of the State of Florida, does hereby abandon and disclaim for
road right-of-way purposes the following described property
situate and located in Palm Beach County, Florida, to-wit:
The north 15 feet of the north 2/3
of the southwest 1/4 of the northwest
1/4 of the southwest 1/4 of Section 9,
Township 45 south, Range 43 east, in
Palm Beach County, Florida, as granted
to the public by quit-claim deed dated
June 4, 1951 as filed June 5, 1951 in
Deed Book 947, page 25 and 26 of the
public records of Palm Beach County,
Florida,
reserving unto said City an easement over, under, and through
the north ten (10) feet of the above described property for
public utility purposes.
IN WITNESS WHEREOF, the duly authorized officers of
the City of Boynton Beach have hereunto set their hands and
affixed the seal of the City this
day of
, 1983.
MAYOR - City of Boynton Beach
Attest:
CITY CLERK
(Seal)
STATE OF FLORIDA )
)
COUNTY OF PALM BEACH )
BEFORE ME, the undersigned authority, personally
appeared
and
, Mayor and City Clerk respectively, of the
City of Boynton Beach, a municipal corporation under the laws of
the State of Florida, to me known to be the persons described in
and who executed the foregoing instrument, and acknowledged the
execution thereof to be their free hand and deed as such officers,
for the uses and purposes therein mentioned; that they affixed
thereto the official seal of said corporation, and that said
instrument is the act and deed of said corporation.
WITNESS my hand and official seal in said State and
County this
day of
1983.
(Seal)
NOTARY PUBLIC
State of Florida at Large
My Commission Expires:
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RESOLUTION NO. 83- iff/fir!
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A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BOYNTON BEACH, FLORIDA, VACATING
AND ABANDONING A DEDICATED RIGHT-OF-WAY
AND RESERVING UTILITY EASEMENTS THEREIN
IN S~ID RIGHT-OF-WAY IN THE PROPERTY
HEREINAFTER DESCRIBED BELOW; AUTHORIZING
THE ~AYOR AND CITY CLERK TO EXECUTE A
DISCLAIMER FOR SAID RIGHT-OF-WAY;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURP::lSES.
WHEFEAS, the Boynton Development Corporation as owner
of certain prc?erty located within the City of Boynton Beach,
Florida, more commonly known as Cedar Ridge Estates Planned
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Unit Development, has requested the abandonment of the herein-
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after described right-of-way, and
WHEFEAS, comments have been solicited from the
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appropriate City Departments, and
. .
WHEFEAS, public hearings have been held before the
City's Planni~g and Zoning Board and City Council on the
proposed abanconment, and
WHEPEAS, based on the foregoing information that the
said right-of-way no longer serves any useful purpose.
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NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED BY THE
CITY COUNCIL CF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Sec~ion 1: The City of Boynton Beach, by and through
its City Council, does hereby vacate and abandon for right-of-
way for stree~s and roads purposes only, and expressly reserving
the rights en~erated in Section 2 below concerning a piece of
property loca~ed in the City of Boynton Beach, to-wit:
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The north 15 feet of the north 2/3
of the southwest 1/4 of the northwest
1/4 of the southwest 1/4 of Section 9,
Township 45 south, Range 43 east, in
Palm Beach County, Florida, as granted
to the public by quit-claim deed dated
June 4, 1951 as filed June 5, 1951 in
Deed Book 947, page 25 and 26 of the
public records of Palm Beach County,
Florida.
Sec~ion 2: The City hereby reserves all public
utility ease~2nts in the above mentioned property, lying over,
under, and tr.~ough the north ten (10) feet of the above described
property.
Section 3: The Mayor and City Clerk are hereby
authorized and directed to execute and deliver the attached
Disclaimer and cause the same to be filed in the Public Records
of Palm Beach County, Florida.
Section 4: This Resolution shall take effect
immediately upon passage.
Isl-
PASSED AND ADOPTED this
~0~J8m he,v , 1983.
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ATTEST:
day of
CITY OF BOYNTON BEACH, FLORIDA
<:.]-;7:]/::'7-'/';/77<' b
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VICE MAYOR
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COUNCIL
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CITY CT
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(Seal)
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LEGAL DESCRIPTION
The North 15 feet of the N 2/3 of the
S.W. 1/4 of the N.W. 1/4 of the S. W. 1/4 of
Section 9, Township 45 South, Range 43 East.
This road right of way was deeded "to the
public" on June 4,1951, by Quit Claim Deed
from Charles P. Tatum and Louise H. Tatum, his wife.
EXHIBIT "A"
KENT
w.
EWING
PROFESSIONAL LAN D
3575 COCOANUT DRIVE
LA K E W 0 R T H 1 F LOR I D A . 3346/
SURVEYOR
P. O. BOX 59/2
PHONE (305) 968.0421
l;~a y 3, 198 3
LEGAL. DESCRIPTION FOR LIFT STATION
AT SOUTHPAL]\1 BEACH COHMERCE PARK
A parcel of land for utility purposes lying in the Northwest Quarter
of the Northwest Quarter of Section 16, To\'mship 4S South, Range 43
East, Palm Beach County, Florida; said parcel being specifically
described as follows:
From the Northwest corner of said Section 16, bear South 87040'45"
East, along the North line of said Section 16, a distance of 902.17
feet; thence South 00000'07" Nest, along a line parallel with. the West
line of said Section 16, a distance of 54.04 feet to a point on a line
54 feet south of, as measured at right angles to and parallel with the
North line of said Section 16; said point being the POINT OF BEGINNING;
thence continue South 00000'07" West, a distance of 30.00 feet;
thence ~orth 87040'45" West, a. distanc3 of 30.00 feet;
thence North 00000'07" East, a distance of 30.00 feet to a point on
a line 54 feet south of, as measured at right angles to and par-
allel with the North line of said Section 16;
thence South 87040'45" East, along said -parallel line, a distance of
30.00 feet.to the POINT OF BEGINNING.
t.
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning & Zoning Board of the CITY OF
BOYNTON BEACH, FLORIDA, shall meet at 7:30 P. M., Tuesday, October 11,
1983, at the City Hall, Boynton Beach, to consider the application
with respect to the following described property located within the
limits of said City, Palm Beach County, pursuant to the request of the
parties in interest:
ABANDONMENT of street described as the 15 ft. right-of-way
immediately north of and adjacent to the parcel described as the
North 2/3 of the Southwest 1/4, of the Northwest 1/4, of the
Southwest 1/4, less the North 159.82 feet of the East 110 feet
of the West 135 feet of the North 2/3 of the Southwest 1/4, of
the Northwest 1/4, of the Southwest ,1/4 of Section 9, Township
45 South, Range 43 East, less 15 ft." road right-of-way on the
North side of the property.
Location: East of High Ridge Road and North of Miner Road
Applicant: David B. Mankuta, Agent for Boynton Development Corp.
ALSO
A public hearing is scheduled before the City Council on Tuesday,
October 18, 1983, at 8:00 P. M. on the above request.
All interested parties are notified to appear at said hearings in per-
son or by attorney and be heard. Any person who decides to appeal any
decision of the Planning & Zoning Board or the City Council with
respect to any matter considered at these meetings will need a record
of the proceedings, and for such purpose, may need to ensure that a
verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based.
BETTY S. BORONI, CITY CLERK
CITY OF BOYNTON BEACH
PUBLISH:
THE POST EXTRA
September 25 & October 2, 1983
-., .........
NOTICE OF PUBLIC HEARINGS
OF THE
PLANNING AND ZONING BOARD
AND
CITY COUNCIL
OF THE
CITY OF BOYNTON BEACH
The enclosed legal ad is furnished you in accordance with Section 9C3
of Appendix A - Zoning Regulations of the Boynton Beach Code of
Ordinances.
You may attend the meetings personally, by attorney or agent, or you
may file a written statement prior to subject hearings.
If further information is desired, please call 734-8111, Extension
255, City. Planner's Office.
BETTY S. BORONI, CITY CLERK
CITY OF BOYNTON BEACH, FLORIDA
September 23, 1983